*/
The Bar Standards Board (BSB) has proposed adopting the civil standard of proof in disciplinary proceedings against barristers charged with professional misconduct.
The current standard of proof used is the criminal standard which is ‘beyond a reasonable doubt’ or ‘satisfied so as to be sure’. But the BSB is seeking views on whether its regulatory arrangements should be changed to allow the civil standard of proof, ‘on the balance of probabilities’ or ‘more likely than not’ to be applied.
The change would bring it in line with other professional regulators, including the Solicitors Regulation Authority and the General Medical Council.
Commenting on the proposal, Chair of the Criminal Bar Association, Francis FitzGibbon QC said: ‘The issue is not an academic one. Anyone who has been involved with Bar disciplinary proceedings knows that the process is agonising and the stakes are high.’
He said: ‘We risk our professional integrity at our peril, and we should not expect the public to respect us if we appear soft on serious misconduct.’
The criminal standard, he said, puts misconduct on a par with actual crime, and marks how seriously it is taken. But, he said: ‘It’s reasonable to ask why so high a standard is needed and why the balance of probabilities does not suffice.’
The consultation, Review of the Standard of Proof Applied in Professional Misconduct Proceedings, closes on 21 July.
The Bar Standards Board (BSB) has proposed adopting the civil standard of proof in disciplinary proceedings against barristers charged with professional misconduct.
The current standard of proof used is the criminal standard which is ‘beyond a reasonable doubt’ or ‘satisfied so as to be sure’. But the BSB is seeking views on whether its regulatory arrangements should be changed to allow the civil standard of proof, ‘on the balance of probabilities’ or ‘more likely than not’ to be applied.
The change would bring it in line with other professional regulators, including the Solicitors Regulation Authority and the General Medical Council.
Commenting on the proposal, Chair of the Criminal Bar Association, Francis FitzGibbon QC said: ‘The issue is not an academic one. Anyone who has been involved with Bar disciplinary proceedings knows that the process is agonising and the stakes are high.’
He said: ‘We risk our professional integrity at our peril, and we should not expect the public to respect us if we appear soft on serious misconduct.’
The criminal standard, he said, puts misconduct on a par with actual crime, and marks how seriously it is taken. But, he said: ‘It’s reasonable to ask why so high a standard is needed and why the balance of probabilities does not suffice.’
The consultation, Review of the Standard of Proof Applied in Professional Misconduct Proceedings, closes on 21 July.
Kirsty Brimelow KC, Chair of the Bar, sets our course for 2026
What meaningful steps can you take in 2026 to advance your legal career? asks Thomas Cowan of St Pauls Chambers
Marie Law, Director of Toxicology at AlphaBiolabs, explains why drugs may appear in test results, despite the donor denying use of them
Asks Louise Crush of Westgate Wealth Management
AlphaBiolabs has donated £500 to The Christie Charity through its Giving Back initiative, helping to support cancer care, treatment and research across Greater Manchester, Cheshire and further afield
Q and A with criminal barrister Nick Murphy, who moved to New Park Court Chambers on the North Eastern Circuit in search of a better work-life balance
The appointments of 96 new King’s Counsel (also known as silk) are announced today
With pupillage application season under way, Laura Wright reflects on her route to ‘tech barrister’ and offers advice for those aiming at a career at the Bar
Jury-less trial proposals threaten fairness, legitimacy and democracy without ending the backlog, writes Professor Cheryl Thomas KC (Hon), the UK’s leading expert on juries, judges and courts
Are you ready for the new way to do tax returns? David Southern KC explains the biggest change since HMRC launched self-assessment more than 30 years ago... and its impact on the Bar
Marking one year since a Bar disciplinary tribunal dismissed all charges against her, Dr Charlotte Proudman discusses the experience, her formative years and next steps. Interview by Anthony Inglese CB